"Your Move" E-Mails Chatter

There's a lively discussion of the "Your Move" E-mails over on the Burgh Report.


Here's what I posted there in answer to some readers' questions about the authenticity of the e-mails and the positions of various council members.


The e-mails were not obtained from anyone who hacked into the city's or the Penguins' servers; that is to say, they came from a participant in the electronic conversation. The mayor's chief of staff confirmed the authenticity of the e-mails when I reviewed their contents with him by phone. That said, confirming that the e-mails were authentic doesn't mean that any one or all of the authors' e-mails are gospel. The authors are speaking their understanding of the facts, the law and of other parties' positions. They be correct or incorrect in their understanding on any given point.

When I interviewed Councilman Dowd on Wednesday, he told me that the first he heard about the banners was in a phone call from the mayor's chief of staff around eight Friday night, asking if he would support them. Dowd told me his response was to request more information--that he wasn't able to take a position either way without learning more. Dowd's quote didn't make it into the news that day because the focus was on trying to learn who was opposed, not who was neutral.

On that same Wednesday:
Councilman Kraus said that he had not taken a position on the banners and
Councilman Burgess said he was in support of finding a way to put them up.

Also on Wednesday:
Councilman Motznik said he supported putting up the banners, but insisted the mayor's office had never informed him of the proposal.
Councilman Deasy said he was in support of the banners.
I did not have the opportunity to ask Councilwomen Harris or Payne their positions.


In response to the comment by Anonymous 05/24/08 12:49 pm on the Burgh Report:
I never heard Mayor Ravenstahl say that "there was only one councilman who had issues".
On Wednesday said there were "a couple". On that same day, Councilmen Shields and Peduto said they were not opposed to putting the banners, and said they told the administration they would cooperate in supporting a way to do so legally.

On Thursday, the Mayor reaffirmed his claim that there were council members opposed to putting up the banners. He also said that he believed the public remarks by the council members on Wednesday showed that they were opposed. In that Thursday interview, for the first time I heard the mayor say that he wanted support from council to have been "unanimous". Also, for the first time he said that council would have had to repeal the moratorium on new billboards in Pittsburgh. A repeal of the moratorium was not discussed in the e-mails.

Moments later, other reporters and I sought responses from Shields and Peduto. They reaffirmed they hadn't opposed putting up the banners--and said they had recommended ways to do so in a meeting late Monday afternoon with members of the Ravenstahl administration.

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Summary only...

Penguins Banners Bonus Feature

Simulation by WTAE Channel 4 Action News Artist

Click here for the "Penguins Banners? The 'Your Move' E-Mails" post.
If you'd like to read the entire sequence of e-mails on which the story is based, click the "Read More..." link below.

I've removed the e-mail addresses of participants and added a few annotations. The following sequence was reconstructed from many separate e-mail exchanges, then placed in chronological order. The source material was in the reverse-order that's common in ongoing e-mail conversations. Typos from the e-mails have been left as is. Some of those taking part were apparently thumb-typing on their BlackBerries, which tends to result in more typing errors.

Again, if you're interested, click the "Read More..." link in the left hand corner, below.

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-----Original Message-----

From: Ismail, Noor

To: Tymoczko, Susan

CC: Zober, Yarone

Sent: Fri May 16 14:01:35 2008

Subject: Banners/Signs Question - for the Arena


Susan,


I will follow this e-mail up with a call. A quick question for you. Penguins want to put up massive banners/signs for the arena to coincide with the games. The banners/signs may be equivalent to the Cleveland Stadium of LeBron James - it may depict a sponsor(s) such as Reebok, Nike etc.


Please call Ross Johnson at [----] and find out more about what they proposed to do - I am uncertain again whether this is temporary or permanent. Please walk them through the process, if possible. Time is of the essence for them given the pending games - and they would be interested to know what would be the fastest and quickest way to get this done. Keep both Yarone and me posted on the outcome. Thank you.


Noor Ismail, AICP


Director
Department of City Planning
City of Pittsburgh




-----Original Message-----

From: Zober, Yarone

Sent: Friday, May 16, 2008 2:05 PM

To: Ismail, Noor; Tymoczko, Susan; [David Morehouse, Pittsburgh Penguins]
Subject: Re: Banners/Signs Question - for the Arena



Thank you very much. These will be temporary and his name is Ross Johnson, not Miller as I previously stated.





-----Original Message-----

From: Tymoczko, Susan
Sent: Friday, May 16, 2008 3:18 PM

To: Zober, Yarone; Ismail, Noor; David Morehouse

Cc: Ross Miller

Subject: RE: Banners/Signs Question - for the Arena



I've spoken with Ross Miller. The current proposal is for two, 40 ft. x 100 ft. banners on private property each showing a player with a corporate logo as well; each to be located on a downtown building. I've requested to see a copy of the artwork; for the permit application we will also require the exact street address and a letter from the property owner authorizing the application. We have no provision in the Zoning Code for temporary signs of this type, and in the past we have sent similar proposals to the Zoning Board of Adjustment. Once I see the artwork I can make a determination on the type of permit that will be required.



Susan




-----Original Message-----

From: Ross Miller [Pittsburgh Penguins]

Sent: Friday, May 16, 2008 4:19 PM

To: Tymoczko, Susan; Zober, Yarone; Ismail, Noor; David Morehouse

Subject: RE: Banners/Signs Question - for the Arena



Please find the banner images attached. The final size of each will be 40ft wide x 85ft high. The images will be printed on Ultra Flex Ultra Mesh Lightweight Supreme material. I am in the process of obtaining a swatch now and will share with the property owners as well as the city.



It is a perforated material that will allow light in and tenants can see out from inside the building. The installer has experience working with this material.



I have spoken with the property owner of PPG Place and we are doing a site inspection on Monday morning with the installer. They will provide an authorization letter and I will obtain the other necessities at that time.



Still waiting to hear back from Fifth Ave. Place...will keep everyone posted.



Ross Miller

Pittsburgh Penguins






From: Zober, Yarone

Sent: Friday, May 16, 2008 4:26 PM

To: Shields, Doug

Subject: Fw: Banners/Signs Question - for the Arena



As per our discussions. This may be happening, with proper approvals and process. Will need your help.





-----Original Message-----

From: Tymoczko, Susan

To: 'Ross Miller'; Zober, Yarone; Ismail, Noor; David Morehouse

CC: Specter, George; Baumiller, Lawrence

Sent: Fri May 16 17:27:31 2008

Subject: RE: Banners/Signs Question - for the Arena



Reviewing the proposed artwork and given the amount of advertising copy included, I cannot say that these are approvable. There is presently a moratorium in place that prohibits approval of new advertising signage; given this circumstance I would suggest consideration of revision to the proposed artwork. I've just spoken with Ross and David, and they are proceeding with some changes.



Susan



----- Original Message -----

From: Zober, Yarone

To: Tymoczko, Susan ; Ross Miller; Ismail, Noor ; David Morehouse

Cc: Specter, George ; Baumiller, Lawrence ; Shields, Doug

Sent: Fri May 16 17:42:23 2008

Subject: Re: Banners/Signs Question - for the Arena



If the moratorium is the greatest of the concerns, I would repectfully ask Council to lift the moratorium with respect to these festive banners. I have spoken with President Shields about this and he seemed to be in general support, though he should be contacted to dicsuss their concerns.



From: Tymoczko, Susan

Sent: Friday, May 16, 2008 6:12 PM

To: Zober, Yarone; Ross Miller [Pittsburgh Penguins]; Ismail, Noor; [David Morehouse, Pittsburgh Penguins]

Cc: Specter, George; Baumiller, Lawrence; Shields, Doug

Subject: RE: Banners/Signs Question - for the Arena



Just a reminder, in addition to the moratorium issue, new advertising signage is presently not permitted downtown. I'd like to be able to see what's going to be proposed.



Susan





-----Original Message-----

From: David Morehouse

To: Zober, Yarone; Tymoczko, Susan; Ross Miller ; Ismail, Noor

CC: Specter, George; Baumiller, Lawrence; Shields, Doug

Sent: Fri May 16 18:34:33 2008

Subject: Re: Banners/Signs Question - for the Arena



Just heard from Reebok and they said they are pulling out and the substantial investment from them is not worth it without their copy and that with the short window, they can't afford bureaucratic processes.



This is a shame and I can't believe we can't make this work.



I am very frustrated with this process.


----- Original Message -----

From: Zober, Yarone

To: David Morehouse; Tymoczko, Susan ; Ross Miller; Ismail, Noor

Cc: Specter, George ; Baumiller, Lawrence ; Shields, Doug
Sent: Fri May 16 18:54:07 2008

Subject: Re: Banners/Signs Question - for the Arena



Just spoke to Council Pres Shields. If we can come up with a collective quick solution, we will have all the support we need from both branches of City government and nobody will be caught up in a sign-gate.



-----Original Message-----

From: David Morehouse

To: Zober, Yarone; Tymoczko, Susan; Ross Miller; Ismail, Noor

CC: Specter, George; Baumiller, Lawrence; Shields, Doug

Sent: Fri May 16 18:59:36 2008

Subject: Re: Banners/Signs Question - for the Arena



What is the solution?



-----Original Message-----

From: Zober, Yarone

Sent: Friday, May 16, 2008 7:04 PM

To: [David Morehouse, Pittsburgh Penguins]; Tymoczko, Susan; Ross Miller [Pittsburgh Penguins]; Ismail, Noor

Cc: Specter, George; Baumiller, Lawrence; Shields, Doug

Subject: Re: Banners/Signs Question - for the Arena



Here it goes:



We need the law department to agree that by introducing an ordinance, zoning can rely on the introduction as law,



We need a majority of council (which we would have with pres Shields on board) to provide support for the ordinance as soon as tonight so that the sign can be manufactured,



We need an ordinance that effectively says: for the 2008 stanley cup playoffs, the following signs shall be approved.



If Law and Council ok this process, everyone should be on good solid ground to say that pens can proceed with production for installation when?



Need shields and law to sign on now.



-----Original Message-----

From: Tymoczko, Susan

To: Zober, Yarone; [David Morehouse, Pittsburgh Penguins] ; Ross Miller [Pittsburgh Penguins] ; Ismail, Noor

CC: Specter, George; Baumiller, Lawrence; Shields, Doug

Sent: Fri May 16 19:15:07 2008

Subject: RE: Banners/Signs Question - for the Arena



Would it be possible to do an ordinance that exempts these particular signs from zoning approval? They would still need to get building permits for the installation.






-----Original Message-----

From: Shields, Doug

Sent: Friday, May 16, 2008 7:17 PM

To: Tymoczko, Susan

Subject: Re: Banners/Signs Question - for the Arena



Why not do this relevant to the sites.IIe stadium areas. Also couched in terms of "temporay" banners.





-----Original Message-----

From: Shields, Doug

To: [David Morehouse, Pittsburgh Penguins] ; Zober, Yarone; Tymoczko, Susan; Ross Miller [Pittsburgh Penguins] ; Ismail, Noor

CC: Specter, George; Baumiller, Lawrence

Sent: Fri May 16 19:18:16 2008

Subject: Re: Banners/Signs Question - for the Arena



I think instead of zoning maybe we go with temporay banners.



From: Tymoczko, Susan

Sent: Friday, May 16, 2008 7:21 PM

To: Shields, Doug

Subject: RE: Banners/Signs Question - for the Arena



Do you mean, these signs are to be permitted around the sports stadiums? These are to go on other buildings downtown. Larry Baumiller will call you.






-----Original Message-----

From: Shields, Doug

Sent: Fri 5/16/2008 7:22 PM

To: [David Morehouse, Pittsburgh Penguins]; Zober, Yarone; Tymoczko, Susan; 'miller'; Ismail, Noor

Cc: Specter, George; Baumiller, Lawrence

Subject: Re: Banners/Signs Question - for the Arena



I tink zoning is not going to get this done due to time associated from moving zoning law



What have we in the code on banners? We give permits for all sorts of banners. They a re for the most part non profits but we can amend to allow for our sports teams. The city has an equity stake in all of them that's for sure



This is on the books and can be amended more readily than zone changes. Susan?



From: Zober, Yarone

Sent: Friday, May 16, 2008 7:23 PM

To: Shields, Doug; [David Morehouse, Pittsburgh Penguins]; Tymoczko, Susan;

'miller'; Ismail, Noor

Cc: Specter, George; Baumiller, Lawrence

Subject: Re: Banners/Signs Question - for the Arena



Whatever works for you and at least four of your colleagues works for us. Susan and Larry have both indicated their approval if Council is on board.





From: Baumiller, Lawrence

Sent: Friday, May 16, 2008 7:23 PM

To: Shields, Doug; [David Morehouse, Pittsburgh Penguins]; Zober, Yarone;

Tymoczko, Susan; 'miller'; Ismail, Noor

Cc: Specter, George

Subject: RE: Banners/Signs Question - for the Arena



I think that Yarone and I have worked this out. What we can do is propose an amendment to the Zoning Code on Tuesday allowing "large temporary banners for regional events" and exempt them from the current sign moratorium. Since the signs are temporary, we can refrain from placing sign limitations on the banners.



This legislation will take effect immediately because of the pending ordinance doctrine associated with Zoning Code Amendments. I am on board as long as City Council agrees to pull the legislation after the Stanley Cup finals are over. That way, we won't have any lingering issues.



My cell number is [----] if you have any questions.



Thanks,

Larry



From: Zober, Yarone

Sent: Friday, May 16, 2008 7:25 PM

To: Shields, Doug

Subject: Re: Banners/Signs Question - for the Arena



Larry has also cited the fact that it can move ahead if council introduces legislation under the pending legislation doctrine- once introduced, it has the force of law. By the time for final vote, the issue will be moot and the legislation can be tabled.


From: Tymoczko, Susan

Sent: Friday, May 16, 2008 7:27 PM

To: Shields, Doug; [David Morehouse, Pittsburgh Penguins]; Zober, Yarone;

'miller'; Ismail, Noor

Cc: Specter, George; Baumiller, Lawrence

Subject: RE: Banners/Signs Question - for the Arena



A lot of the banners are in the rights-of-way and therefore not subject to zoning - there are separate rules for them, not in our code. Longer term, we should probably get something into the zoning code that addresses temporary banners with sponsorship.


From: Ismail, Noor

Sent: Friday, May 16, 2008 7:29 PM

To: Shields, Doug

Subject: Re: Banners/Signs Question - for the Arena



This has advertisement Ûn it and advertising signs are prohibited downtown. Susan and Larry were trying to work this out but the sponsors would not agree to this. Again the moratorium adds another layer to this. Susan is Ûn board if there is a way to address this legally


-----Original Message-----

From: Tymoczko, Susan

Sent: Fri 5/16/2008 7:30 PM

To: Baumiller, Lawrence; Shields, Doug; [David Morehouse, Pittsburgh Penguins]; Zober, Yarone; 'miller'; Ismail, Noor

Cc: Specter, George

Subject: RE: Banners/Signs Question - for the Arena



I think it sounds like the best solution.



Susan




From: Baumiller, Lawrence

Sent: Friday, May 16, 2008 7:32 PM

To: Tymoczko, Susan; Shields, Doug; [David Morehouse, Pittsburgh Penguins];

Zober, Yarone; 'miller'; Ismail, Noor

Cc: Specter, George

Subject: RE: Banners/Signs Question - for the Arena



Actually, we could probably put a 30 day sunset provision in the legislation.







----- Original Message -----

From: Zober, Yarone
To: Baumiller, Lawrence; Shields, Doug ; David Morehouse; Tymoczko, Susan ; Ross Miller; Ismail, Noor

Cc: Specter, George

Sent: Fri May 16 19:32:58 2008

Subject: Re: Banners/Signs Question - for the Arena



With Pres' support, we can make this happen. A penguins nation turns its lonely eyes to you. Woo hoo hoo. What say the Pres?









-----Original Message-----

From: David Morehouse

To: Zober, Yarone; Baumiller, Lawrence; Shields, Doug; Tymoczko, Susan; Ross Miller; Ismail, Noor

CC: Specter, George

Sent: Fri May 16 19:35:35 2008

Subject: Re: Banners/Signs Question - for the Arena



Yes. So now I can call them and tell them it's a go?




From: Baumiller, Lawrence

Sent: Friday, May 16, 2008 7:36 PM

To: [David Morehouse, Pittsburgh Penguins]; Zober, Yarone; Shields, Doug;

Tymoczko, Susan; 'miller'; Ismail, Noor

Cc: Specter, George

Subject: Re: Banners/Signs Question - for the Arena



Let's wait for a yes from Shields.



Lawrence H. Baumiller

Assistant City Solicitor



Sent via BlackBerry




----- Original Message -----

From: Zober, Yarone

To: David Morehouse; Baumiller, Lawrence ; Shields, Doug ; Tymoczko, Susan ; Ross Miller; Ismail, Noor

Cc: Specter, George

Sent: Fri May 16 19:41:38 2008

Subject: Re: Banners/Signs Question - for the Arena



The other prez- Council prez...




From: Zober, Yarone

Sent: Friday, May 16, 2008 7:43 PM

To: Baumiller, Lawrence; Shields, Doug; Tymoczko, Susan; Ismail, Noor

Cc: Specter, George

Subject: Re: Banners/Signs Question - for the Arena



Just spoke to Dowd who raised "issues". If we have Pres Shields in Pittsburgh's corner, then we can do this. If not, we can't.





-----Original Message-----

From: David Morehouse

To: Zober, Yarone; Baumiller, Lawrence; Shields, Doug; Tymoczko, Susan; Ross Miller; Ismail, Noor

CC: Specter, George

Sent: Fri May 16 20:47:49 2008

Subject: Re: Banners/Signs Question - for the Arena



Any confirmation yet? Printer is on hold and reebok is waiting.


From: Zober, Yarone

Sent: Friday, May 16, 2008 9:00 PM

To: [David Morehouse, Pittsburgh Penguins]; Baumiller, Lawrence; Shields,

Doug; Tymoczko, Susan; rmiller'; Ismail, Noor

Cc: Specter, George

Subject: Re: Banners/Signs Question - for the Arena



President Shields' phone cut out. Still awaiting final answer.



From: Zober, Yarone

Sent: Friday, May 16, 2008 9:44 PM

To: [David Morehouse, Pittsburgh Penguins]; Baumiller, Lawrence; Shields,

Doug; Tymoczko, Susan; 'miller'; Ismail, Noor

Cc: Specter, George

Subject: Re: Banners/Signs Question - for the Arena



Lost Doug Shields. Can't proceed without knowing that he is giving go ahead.





-----Original Message-----

From: Zober, Yarone

To: [David Morehouse, Pittsburgh Penguins] ; Baumiller, Lawrence; Shields, Doug; Tymoczko, Susan; 'miller' ; Ismail, Noor

CC: Specter, George

Sent: Fri May 16 21:59:32 2008

Subject: Re: Banners/Signs Question - for the Arena



Its a go from Council Prez Shields. He will confirm by email in next ten minutes. Good work everyone.




----- Original Message -----

From: Shields, Doug

To: Zober, Yarone ; David Morehouse; Baumiller, Lawrence ; Tymoczko, Susan ; Ross Miller; Ismail, Noor

Cc: Specter, George

Sent: Fri May 16 22:00:40 2008

Subject: [SPAM] Re: Banners/Signs Question - for the Arena



To confirm mr zober. Yes we wil find a way



From: Zober, Yarone

Sent: Friday, May 16, 2008 10:01 PM

To: Baumiller, Lawrence; Shields, Doug; Tymoczko, Susan; Ismail, Noor

Cc: Specter, George

Subject: Re: Banners/Signs Question - for the Arena



All right! Now we have to get an ordinance drafted ASAP. Larry or Susan- when can we get this done and what percent of banner is ad space?





From: Baumiller, Lawrence

Sent: Friday, May 16, 2008 10:01 PM

To: Zober, Yarone; [David Morehouse, Pittsburgh Penguins]; Shields, Doug;

Tymoczko, Susan; 'miller'; Ismail, Noor

Cc: Specter, George

Subject: Re: Banners/Signs Question - for the Arena



Very good.



Lawrence H. Baumiller

Assistant City Solicitor



Sent via BlackBerry


From: David Morehouse

Sent: Friday, May 16, 2008 10:10 PM

To: Shields, Doug; Zober, Yarone; Baumiller, Lawrence; Tymoczko, Susan;

Ross Miller; Ismail, Noor

Cc: Specter, George

Subject: Re: [SPAM] Re: Banners/Signs Question - for the Arena



Great! Now all we have to do is beat Philly. I'll tell Rebok it's a go and on behalf of Penguins fans, I thank all of you. If we are fortunate enough to make the finals, I think this will make pgh look great.




-----Original Message-----

From: Tymoczko, Susan

To: Zober, Yarone

Sent: Fri May 16 22:22:36 2008

Subject: Re: Banners/Signs Question - for the Arena



They estimated that it was about 2.5 percent, for the reebock only.





From: Zober, Yarone

Sent: Friday, May 16, 2008 10:23 PM

To: Tymoczko, Susan; Shields, Doug

Subject: Re: Banners/Signs Question - for the Arena



Great.


[Reporters note: the next e-mail is in response to the earlier Friday, May 16, 7:32 PM message suggesting a 30 day sunset provision in the legislation.]

From: Specter, George

Sent: Monday, May 19, 2008 11:00 AM

To: Baumiller, Lawrence; Tymoczko, Susan; Shields, Doug;

[David Morehouse, Pittsburgh Penguins]; Zober, Yarone;

'miller'; Ismail, Noor

Subject: RE: Banners/Signs Question - for the Arena



That is too long. It should definitely terminate after the Penguins' last game. Of course, there is the long-standing Pittsburgh problem, i.e., if they win the Stanley Cup, people will want to leave them up until at least after the Steelers' first game.


[Reporter's note: the following e-mail is from the mayor's acting press secretary Joanna Doven to Chief of Staff Yarone Zober. It appears to convey a question from a reporter.]

-----Original Message-----
From: Doven, Joanna
Sent: Tuesday, May 20, 2008 9:09 AM
To: Zober, Yarone
Subject: A.Gastmeyer Inquiry

How did the city get around letting the Penguins putting up a huge rally banner at 5th avenue place, with “reebok” all over it? What are the Mayor’s thoughts after the lamar issue?

Joanna Doven
Communications
Mayor Luke Ravenstahl


From: Zober, Yarone
Sent: Tuesday, May 20, 2008 9:13 AM
To: 'David Morehouse'; Mazefsky, Gabe; Shields, Doug
Cc: Baumiller, Lawrence; Specter, George; Ismail, Noor; Tymoczko, Susan
Subject: FW: A.Gastmeyer Inquiry
We’re going to pull the plug on the banner efforts. Even talking to Council has caused the following stories. Sorry for everyone’s time and effort. Maybe something like this could be done outside the City, where people know the value of Pittsburgh Pride over politics. Go Pens!


From: Zober, Yarone
Sent: Tuesday, May 20, 2008 10:32 AM
To: Burgess, Reverend; Shields, Doug; Specter, George; Ismail, Noor; Tymoczko, Susan; Baumiller, Lawrence
Cc: Mazefsky, Gabe
Subject: Thanks for efforts on banners
Ultimately, the City should probably have legislation that provides broader powers to suspend rules for temporary banners in the even of unanticipated good news for Pittsburgh (superbowl wins, Stanley cup, ticker tape parades (?), world series victories. Just kidding about the world series victories). Ultimately, this could have been fun, but not worth it on a fast track with a sensitive issue.

Yarone Zober
Chief of Staff
Office of Mayor Luke Ravenstahl
City of Pittsburgh

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Penguins Banners? The "Your Move" E-Mails

E-mails between the Mayor's Chief of Staff, The President of the Pittsburgh Penguins, and the President of City Council shed new light on the banners controversy.

Here's a link to video of my Channel 4 Action News report. The following is an expanded version of the TV story.

With Reebok logos written large, these are the 85 by 40 foot Penguins banners that would have been.

Mayor Luke Ravenstahl is again blaming council, saying opposition there is to blame for the plan falling through:

"Either it was something that they were going to approve or they weren't. To me it was that cut and dry, because of the time associated with it. And we couldn't build that consensus, so it wasn't submitted."

Doug Shields, Council President responds:

"Mr. Peduto and I gave them like three different ways that they would probably get passage of it and that we would support. We made that clear."

Channel 4 Action News artists show here, how the banners could have looked on Fifth Avenue Place, spanning seven stories.

E-mails obtained by Channel 4 Action News show city bureaucrats, not City Council raising red flags about the banners. The following messages were back of a lengthy exchange running from 2 PM to after 10:00 PM last Friday.

The Mayor's Zoning Administrator, Susan Tymoczko:

"Given the amount of advertising copy included, I cannot say that these are approvable".

The Mayor's Planning Director Noor Ismail:

"This has advertising on it and (new) advertising signs are prohibited downtown."

After that, Penguins President David Morehouse e-mailed the mayor's office:

"Just heard from Reebok and they said they are pulling out...
The substantial investment from them is not worth it without their copy."

Morehouse also wrote:

"This is a shame and I can't believe we can't make this work. I am very frustrated with this process."

Shields e-mailed:

"We give permits for all sorts of banners ... We can amend to allow for our sports teams."

Concerning City Council, the mayor's own Chief of Staff Yarone Zober e-mailed at 10 PM Friday:

"It's a go from Council Prez Shields He will confirm by email in the next ten minutes. Good work, everyone."".

Shields e-mailed back:

"To confirm, Mr. Zober. Yes, we will find a way."

At 9:13 AM Tuesday, after news media began asking questions, Zober e-mailed to Penguins:

"We're going to pull the plug on the banner efforts. Even talking to council has caused ... stories."

Zober then e-mailed Council:

"This could have been fun, but not worth it on a fast track with a sensitive issue."

Council Finance Chair Bill Peduto says:

"The Penguins found out that they didn't have Reebok's support in order to produce the banners. So blaming this on council is suspicious at best."

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My "Something to Be Desired" Cameo

Thanks to Justin Kownacki for the invitation to tape a seconds-long guest appearance for his web series, "Something to Be Desired".

He's the talented creator, writer, and director of this online sitcom shot and set here in Pittsburgh. Justin's assembled a clever, creative ensemble and they've been doing the show for five seasons now. This year, "Something to Be Desired" was a Best Series finalist for The Yahoo! Video Awards.

My STDB doppelganger makes a sudden appearance in the final minutes of the latest episode.

Here are links to Post-Gazette and Trib articles about Kownacki and his show:


PG: Web of desire: Weekly online sitcom/soap examines lives of young adults in Pittsburgh

Trib: The link: Justin Kownacki

One caution for readers and viewers, as Adrian McCoy of the Pittsburgh Post-Gazette noted, "STBD is for mature viewers -- there are adult situations, content and explicit language."

Here are two links:

"What is Something to Be Desired?"...


...and the latest episode in which I fleetingly appear, "The Celebration".

.

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SLAPP?

Bill Peduto claims that the lawsuit Lamar Advertising filed against him and his fellow Councilmen Shields, Burgess, Kraus, and Dowd was a SLAPP. He seems to suggest the city law department opinion about their legal expenses has the sting of a SLAPP, too.

What's a SLAPP?

I didn't recall the term, but apparently SLAPPs have a long and contentious history.

SLAPP stands for "Strategic lawsuit against public participation".


Wikipedia defines it as:

"a form of litigation frequently filed by organizations or individuals to intimidate and silence critics or opponents by burdening them with the cost of a legal defense so that they abandon their criticism or opposition."

California passed a law to protect against SLAPPs. So have more than two dozen other states. That includes Pennsylvania, though our state's has been described as a "significantly weakened version passed into law in 2000." It was designed to deal only with environmental law cases, and reportedly was passed "after a coal baron sued an elderly constituent for filing a complaint with the state’s Department of Environmental Protection when her home suffered acid mine-water damage."

That's from this article in Philly area newspaper that quotes a critic complaining that a court ruling created "an unduly narrow interpretation that destroys any value or purpose of the statute."

It seems that SLAPPs are an international phenomenon. Here' s a YouTube video report by CUTV. Concordia University Television is Canada's oldest student-run television station. I'm linking to it here for some interesting background. As they say on the DVD extras, this is for entertainment purposes only, and does not necessarily reflect the views, etc.




Here are some PG articles in which the term "SLAPP" appears.

Developers sue Franklin Park, residents for losses
Suit cites neighbors' 'frivolous objections' to townhouse plan


The dash to SLAPP is chilling


Judge drops neighbors from townhouse lawsuit

Meanwhile, I ran into Lamar Advertising's attorney Sam Kamin as I was leaving the City County Building after Tuesday's council meeting. He told me he had just finished dictating the court filing to withdraw Lamar's lawsuit against the city council members, as agreed to in the arrangement signed before the zoning board.

A check of the county court's website shows that the lawsuit has now been "Discontinued without Prejudice".

What the significance there is (if any) of the lawsuit being discontinued "without prejudice" in this case, I do not know.

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Chessboards & Mushroom Clouds At City Hall

It's hard to choose which of the two pictures above is the best to foreshadow the ongoing escalation in exchanges between the Ravenstahl administration and City Council.

Is this story about something more than a simple snit over paying a legal bill? Four Council members are being told that what began with their challenging that controversial electronic billboard could end with their forced removal from office.

One gets the sense that there are powerful and volatile combinations in play beyond the view of the news of the day.

Check out this blog post about where this legal clash involving Lamar Advertising, City Council, and the Ravenstahl administration was heading. That showdown was asking for depositions and subpoenas of the Mayor, Chief of Staff Yarone Zober, and URA Executive Director Pat Ford on one side, and of five City Council members and their staffers on the other.



Meanwhile, Lamar Advertising's lawsuit against the four City Council members still has not been formally withdrawn...(as of this blog post early Tuesday morning). Doing so was part of the settlement negotiated between attorneys for Lamar, City Solicitor George Specter, and Councilman Patrick Dowd's privately hired attorneys.

When I asked Lamar Advertising's attorney Sam Kamin about this last week, he told me initially that the lawsuit was moot. When I asked him how long it could sit there -- dormant but not officially withdrawn -- before it expired, he answered in terms of years. He assured me there was "nothing nefarious " involved, then closed by saying that in response to my inquiry he intended to formally withdraw the lawsuit as Lamar Advertising had agreed to do in its signed settlement before the Zoning Board.

Note, by the way: the lawsuit by Lamar advertising against Shields, Peduto, Kraus, and Burgess says clearly that those four were (are?) each being sued as members of City Council. Only Patrick Dowd was also being sued as an individual. Among other things, the suit alleges that they violated the Sunshine Act. That's something that a public official can be accused of doing, but not a private citizen.

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If Wecht Stands Trial Again, Judge Schwab Intends to Preside

This past week, a federal appeals court put a second trial for former coroner Dr. Cyril Wecht on hold. The panel of judges will decide if a second trial should be forbidden on the basis of double jeopardy. That overshadowed another development: Judge Arthur Schwab's refusal of the latest defense call to remove himself from the case, should it go forward.

Here are some highlights from Judge Schwab's 33 page opinion.

"...The Court denies defendant’s Renewed Motion for Recusal because a reasonable observer, aware of all of the facts and circumstances of record, could not find an appearance of partiality or bias..."

"...There is nothing about this Court’s fair and impartial rulings and statements throughout these proceedings that present, to any reasonable observer who knows all of the facts and circumstances of record, any degree of favoritism or antagonism -- let alone the sort of “deep-seated” or “high degree” of favoritism or antagonism that might qualify as one of the rare exceptions to the general rule..."

"...It is crucial to the proper functioning of our justice system for judges to remain upright in face of political and media clamour that occasionally accompanies high profile cases, and resist the temptation to “capitulate,” so as not to encourage such extraneous pressure on judges in the future..."


"...Defendant’s Brief... attaches an affidavit executed by [dismissed juror] Stanley Albright... which defendant contends contradicts this Court’s statement in open court...that he had requested to be excused. This convoluted ground for recusal suggests, frankly, that this Court lied about Mr. Albright’s condition when it discharged him...for the purpose of securing an advantage for the government..."


"...some additional observations are appropriate in order to correct a few of defendant’s distortions of the record and dispel his untenable claims that this Court was less than accurate about the reasons it discharged Stanley Albright and that the Court was attempting to help the government obtain a conviction by Mr. Albright’s discharge."

"First, this Court has never spoken with Mr. Albright. All communications with the Court were through the Court’s bailiffs on April 2 and 3, 2008, and the Court’s statements in open court were accurately based on what Mr. Albright told one of the bailiffs the morning of April 3rd (as he later confirmed to the other bailiff)..."


"...Second, Mr. Albright’s April 17th affidavit is not materially different from the Court’s explanation in open court, or the letter he faxed to the Court later on April 3rd...."

"...Third, there is nothing on the record that indicates which way Mr. Albright might have been leaning before the Court discharged him, and he does not disclose his vote on any count ofthe indictment in his affidavit..."

"...The Court also shares Mr. Albright’s regret that he was unable to remain with the jury through its final day of service, when the Court declared a mistrial and discharged the jury on April 8, 2008. However, there is no doubt on the record before the Court, including Mr. Albright’s affidavit of April 17th, that he was unavailable for jury deliberations on April 2nd and 3rd, and that the Court exercised sound discretion in discharging him for good cause and directing the jury to continue..."

"...One knowing all of the facts of record could not possibly infer that this Court “wielded the club of contempt” when it directly issued a much needed (and probably overdue) reminder to counsel for both parties to conduct themselves professionally, as Officers of the Court, so as to protect the integrity of the jury pool from the possibility of contamination by the media maelstrom. Cases and controversies before a federal district or appellate court must not be adjudicated in the court of public opinion..."


"...the transcript of the proceedings -- will find some rulings that favor the government, and some that favor defendant. The record also shows that many significant rulings on motions and on disputes as to jury instructions favored the defendant, and that the unhurried, non-coercive jury deliberations were beneficial to him as well."

"...The record contains no hint of bias, prejudice or ill-will toward the defendant or his attorneys. Despite defendant’s continued threats and filings of recusal motions and his abuse of the writ of mandamus, this Court will, as it always has done, faithfully endeavor to follow its constitutional obligations and continue to provide defendant with a fair trial before an impartial jury of his peers..."

"...Defendant has every right to appeal any and all of the rulings and decisions of this Court in the event of an adverse jury verdict upon retrial, at the proper time... Defendant has no right, however, to disrupt ongoing criminal proceedings by engaging in repeated, frivolous attempts to judge-shop by removing the presiding District Judge based solely on defendant’s disagreement with some of the Court’s rulings..."

"...For all of the foregoing reasons, defendant’s Renewed Motion for Recusal is DENIED."

"SO ORDERED this 8th day of May, 2008.
s/ Arthur J. SchwabArthur J. Schwab
United States District Judge "

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Reverend Rossi Goes Hollywood

You'll find a link to my Channel 4 Action News report here.

It's about the DVD directed by and starring Reverend Richard Rossi, whose jury deadlocked and did not convict him of attempting to murder his wife in Butler County back in 1994. Rossi later entered a "no contest" plea to a count of aggravated assault in the case, and served a few months in jail.


You can see the trailer for his movie here...


...and his YouTube reel of acting highlights here.


Credit to Steve Levin of the PG for doing the story about Rossi in Sunday's paper; I had spotted the DVD on the shelf at BlockBuster, but not realized it was made by Rossi.

The line in the PG story that stuck in my mind was something also mentioned on the DVD box. The PG reported:

"...It was voted one of the top guerrilla films of all time ..."

It made me want to do some googling to learn more. With the exception of this news release, the only references you'll find on the internet to this organization are in blurbs praising Rossi's movie:

Auteur independent filmmaker Richard Rossi won the top spot on the International Guerrilla Film Association's list of 100 Greatest guerrilla films for his low budget movie "Aimee Semple McPherson," a biopic about a fabled female evangelist in the Roaring Twenties. The results were announced yesterday at the annual IGFA party in New York.

The top five runnerups in order were "Eraserhead," a 1978 David Lynch film, "Night of the Living Dead" (George Romero's horror classic shot in 1968 for $68,000.00), Kevin Smith's $28,000.00 first feature (1994)"Clerks," "400 Blows," a French New Wave film directed by Francois Truffaut in 1959, and "El Mariachi," a 1993 Robert Rodriguez film shot for $7000.00...

...Richard Rossi shot his critically acclaimed movie on a $300.00 consumer camcorder, used clamp-on construction lights purchased at Home Depot for $48.00, and made "Aimee Semple McPherson" under a special Screen Actor's Guild experimental contract for films with budgets under $75,000.00

I can't find the "International Guerrilla Film Association". I did find three groups with similar names.


• International Guerrilla Video Festival: its official never heard of Rossi or his movie.


• International Guerrilla Film Database: its official never heard of the Sister Aimee movie or writer/director Rossi, either.


• There is an IGFA: it's the International Game Fish Association.

I called the contact number on the news release about the IGFA Top 100. The recording answers for Richard Rossi's production company.

If anyone can provide me with contact information for the International Guerrilla Film Assocation, I'll check it out and mention it here.


In the comments section at Topix, A person named Gina Morton describes seeing this remarkable moment of live theater involving Rossi:

I saw Richard Rossi, the director, writer, and actor in this film portray Elmer Gantry on stage at the Stella Adler Theatre on Hollywood Boulevard a couple years back, and in Long Beach. An amazing performance. The executor of the Richard Brooks estate was in attendance and came up on stage and gave Richard Rossi the Oscar from the 1960 "Elmer Gantry" film and said Richard Brooks would be proud. One of the best nights of theatre in LA ever.

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Pat Ford Ethics Review & Paid Leave Update

Here's a link to my Channel 4 Action News story updating URA Executive Director Pat Ford's situation.

The State Ethics Commission is not permitted to even acknowledge the existence of any review of his case. The agency's head of investigations did, however, outline for me the time frames set for all probes under Pennsylvania's ethics law.

The dollar figures cited in my report were reached by doing the simple math. Divide Ford's $115,000 salary by twelve to establish a monthly value. Next, multiply that value by the number of months that can be involved at each step of any preliminary inquiry or full ethics investigation.

The mayor's office did not respond to my request for comment from Mayor Ravenstahl and Chief of Staff Yarone Zober, who serves as chairman of the Urban Redevelopment Authority.

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